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Police log, May 4, 2012

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Teen arrested

for drinking

TAMAQUA - A 17-year-old Tamaqua girl was arrested by borough police and charged with underage drinking after an incident at the Middle Ward Playground at 7:25 p.m. April 28.

Police said the teen was released to her parents and will have to answer to the charge before Magisterial District Judge Stephen J. Bayer, Tamaqua.

Police said the girl was arrested after officers saw her at the playground under the influence of alcohol.

Man arrested

in alleged assault

TAMAQUA - A 52-year-old New Tripoli man was arrested by Tamaqua police after an incident at Brown and Nescopec streets that occurred at 9:10 p.m. Sunday.

Police said Douglas Moyer, 5265 Sell Road, was charged with aggravated assault, simple assault, disorderly conduct and harassment. He will now have to answer to the charges before Magisterial District Judge Stephen J. Bayer.

Police said Moyer assaulted Jonathan Stefanick, 27, of 317 E. Hazard St.

Purse taken from

locked vehicle

State police at Schuylkill Haven are investigating a theft from a vehicle that occurred between 9:40 a.m. and 5 p.m. Sunday in the parking lot of Boscov's Department Store at Fairlane Village mall in Norwegian Township.

Police said Michelle Wade, Port Carbon, said someone entered her locked vehicle and stole her purse that contained $30, two credit cards, a Pennsylvania driver's license and medical insurance cards.

Anyone with information is asked to call police at 570-593-2000.

Home heating oil

reported stolen

LOST CREEK - State police at Frackville are investigating a burglary and theft that occurred on New Road in this West Mahanoy Township village between April 20 and 22.

Police said Lawrence Myers reported that someone entered his basement and removed about 170 gallons of home heating oil from a large tank and fled the scene.

Anyone with information is asked to call police at 570-874-5300.

Driver hits pole

in Union Twp.

BRANDONVILLE - State police at Frackville are investigating a crash that occurred at 371 Brandonville Road in Union Township at 9:25 p.m. Monday.

Police said Douglas W. Harvey, Richmond, Va., was driving a 2011 Freightliner tractor-trailer when he tried to turn onto Route 339 and struck a utility pole with the passenger side of the trailer. Police said Harvey backed up into the porch of Happy Louie's Bar, causing damage to both the pole and the business.

Harvey left the scene, but witnesses obtained his license plate number and he was later stopped in Mifflinville by police from the state police at Bloomsburg station.

Harvey will be cited for hit-and-run as a result of the crash, troopers said.

4 face charges

in Rush Twp.

HOMETOWN - Four people are facing charges filed by Rush Township police after three separate incidents at area businesses.

Police said April 25 they charged Heather S. White, 23, and Charles A. Blake Jr., 23, both of Hazleton, with retail theft after an incident at the Wal-Mart store. White stole items valued at $52 and Blake items valued at $579, police said.

On April 27, police said they charged Dominic Sullens, 47, of York, with theft by deception after he stole merchandise valued at $155.71 from the store and then tried to return it for a store credit.

Police said they also charged a 17-year-old Jim Thorpe girl in connection with an incident at the Game Stop store on April 17. The teen, police said, stole merchandise valued at $24.99.

Charges against all four were filed with Magisterial District Judge Stephen J. Bayer, Tamaqua, police said.

Man arrested on

drug charges

SCHUYLKILL HAVEN - A 22-year-old Philadelphia man was arrested on drug charges Tuesday by borough police and members of the Schuylkill County Drug Task Force.

James Hines, a Penn State Schuylkill student, was arrested at an off-campus housing unit where he lives at 208 Dock St. Police said he was charged with delivery of a controlled substance, possession with intent to deliver a controlled substance, possession of a controlled substance and possession of drug paraphernalia.

Police said the charges against Hines stem from an incident at 10:51 p.m. March 27 where he sold marijuana to an undercover police officer near his home and in the vicinity of a day care center.

Police said Hines was arrested Tuesday on a warrant issued by Magisterial District Judge James R. Ferrier, Orwigsburg, where he will also have to appear to answer to the charges.

Police charge

man in incident

PINE GROVE - A Pine Grove man was charged with harassment stemming from an incident that occurred at 12:30 a.m. Tuesday in Pine Grove Township, police said.

State police at Schuylkill Haven allege Sheldan Schaeffer, 20, spit in the face of Ashley Brown, 26, of Pine Grove, following an argument at 14 Natale Court. Police said charges will be filed with the office of Magisterial District Judge Carol A. Pankake, Tremont.

City man faces

charges in crash

Pottsville police filed charges against a 33-year-old city man after a crash in the 1600 block of Mahantongo Street on April 21.

Police said Wednesday that Jeffrey Lord was charged with DUI-highest rate and careless driving and will now have to appear before Magisterial District Judge James K. Reiley to answer to the charges.

Police said the charges are the result of the investigation into the 1:25 a.m. incident where Lord was driving west when he struck two vehicles that were legally parked on the north side of the street.

Lord's vehicle was towed from the scene, and police said a blood test determined the man's alcohol level was above the legal limit of 0.08 percent.

Pickup truck

sustains damage

AUBURN - State police at Schuylkill Haven are investigating a criminal mischief incident that occurred between 7:15 and 8 p.m. Tuesday on East Deerview Drive, just west of the Stein's Hollow Beagle Club in South Manheim Township.

Police said Edwin Bowe, Cressona, reported that someone kicked out the rear middle sliding window of his 2010 Ford F150 pickup truck, causing damage of about $500 while it was parked along the east side of East Deerview Drive.

Anyone with information is asked to call police at 570-593-2000.

Parked car

is damaged

NEW BOSTON - A criminal mischief incident that occurred on Roosevelt Drive in this Mahanoy Township village about 8:45 a.m. Tuesday is being investigated by state police at Frackville.

Police said Jeanette Cavanaugh reported that someone damaged her 1995 Saturn and fled the area undetected.

Anyone with information is asked to call police at 570-874-5300.

Wiconisco man

faces DUI charge

WILLIAMSTOWN - A Wiconisco man was charged with DUI by state police at Lykens after a crash at Market and South Water streets in this Dauphin County community at 4:45 p.m. Tuesday.

Police said Tyler Mantz, Williamstown, and Daniel Zimmerman, Wiconisco, were involved in a crash and during the investigation Zimmerman admitted using marijuana earlier in the day.

Police said Zimmerman will have to appear before Magisterial District Judge Rebecca Margerum, Elizabethville, on charges of DUI.

New Philly man

hurt in crash

NEW PHILADELPHIA - A 33-year-old borough man suffered minor injuries when the 2007 Toyota Tacoma he was driving crashed on Route 209, just north of Pine Street, at 8:55 p.m. April 22, police said.

State police at Frackville said Jason Joy was driving south on Macomb Street and made a turn to travel east on Route 209 but did not stop for a stop sign and lost control. The truck crossed the westbound lane and hit a concrete loading dock on a building at the intersection with Pine Street, police said.

Police said Joy fled the scene and was later interviewed in connection with the crash. Police said the man will be cited for hit-and-run and will have to answer to the charge before Magisterial District Judge David A. Plachko, Port Carbon.

TV set taken

from home

GILBERTON - A burglary that occurred on Chapel Lane between April 9 and Tuesday is being investigated by state police at Frackville.

Police said Jennifer Gates reported that someone entered her home, removed a television set and fled the area.

Anyone with information is asked to call police at 570-874-5300.


Prosecutors drop charges against Haven man

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PORT CARBON - The Schuylkill Haven man charged with breaking into the Saint Clair residence of his ex-girlfriend last month walked out of court a free man on Thursday, as prosecutors dropped all charges against him.

Instead of appearing for a preliminary hearing before Magisterial District Judge David A. Plachko, Andrew D. Rumberger, 21, left Plachko's courtroom without having to defend against charges of burglary, criminal trespass and loitering and prowling at nighttime.

Assistant District Attorney Rebecca A. Elo said prosecutors decided not to proceed with the case against Rumberger because he already had pleaded guilty to violating a protection from abuse order obtained against him by his former girlfriend.

"There are double jeopardy issues. They proceeded with the PFA," Elo said.

Under the constitution provision barring double jeopardy, a person cannot be tried twice for the same crime, and the state must try him at one time for all offenses resulting from the same incident.

Saint Clair police had charged Rumberger with breaking into the 266 N. Mill St. residence of Katelin Flamini at 11:59 p.m. April 3. Flamini's mother, Maryanne Moore, was in the residence at the same time, police said.

However, Judge John E. Domalakes found Rumberger guilty on April 25 of violating the order Flamini had obtained against him. Moore testified she was in bed when she opened her eyes to see Rumberger in the room asking for Flamini.

Domalakes sentenced Rumberger to spend 14 to 60 days in prison and pay costs and a $300 fine.

Senior Judge D. Michael Stine had entered the order against Rumberger on Nov. 2, 2011.

Volunteers clean Avenues playground to kick off Day of Caring

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Volunteers are donating their time this week to community service projects throughout Schuylkill County as part of the Schuylkill United Way's Day of Caring.

The fourth annual event, which started Thursday and runs through Saturday, is hosted by the Schuylkill United Way to promote the value of volunteering, increase the awareness of local human service agencies and demonstrate what people can accomplish by working together.

The Schuylkill United Way is partnered with 15 area agencies that provide services to more than half of the county's population.

For the event, eight area agencies provided the more than 100 volunteers with 13 projects throughout the county to perform general cleaning, painting, yard work, landscaping and more.

Some of the places that received help from the volunteers have been the Hawk Mountain Council Boy Scout Camp, Schuylkill Women in Crisis, Schuylkill YMCA, Schuylkill Wellness Services, Child Development, The Salvation Army and Avenues.

On Thursday at Avenues, 2 Park St., Agricultural Park, Pottsville, volunteers from Wegmans Distribution Center were power washing and cleaning the playground site at the organization's day care.

Avenues is a nonprofit organization providing services to individuals with disabilities and their families.

"We're just trying to make a difference in the community," said John DeAngelo, Ringtown, a volunteer from Wegmans. "It's something we do every year. We try to participate in as many community events that we can since it's one of our core values that we live by, making a difference in every community that we service."

DeAngelo said that with six volunteers from Wegmans at Avenues, they just wanted to clean things up and give the children "a nice place to come out and play when it's sunny."

Dottie Moran-Botto, children services program manager at Avenues, said the volunteers were greatly appreciated.

"It's some of the things we just haven't been able to get around to, the power washing and things like that," she said. "The kids are going be thrilled when they come out and see their playground all cleaned up. We don't overlook any of it and we can't say thank you enough."

Moran-Botto said that last year, volunteers painted their kitchen, which made a difference by allowed them to "start fixing it up."

In a previous story, William J. Folk III, who joined the Schuylkill United Way as the director of community relations at the end of February, said that there are about 180 volunteers this year, the most the annual event has ever had.

"I was a little nervous about the weather; however, everybody showed up and is having a great time," Folk said Thursday.

Folk added that for those who wanted to volunteer and didn't have time Thursday, there are still projects that need volunteers on Saturday.

Today, volunteers will perform tasks for McAdoo Catholic Elementary School; Marian Catholic High School, Tamaqua; The Salvation Army in both Pottsville and Tamaqua; St. Jerome Regional School, Tamaqua; Meals on Wheels, Trinity Church, Tamaqua; Tamaqua Public Library, Tamaqua; and Owl Creek Reservoir/Playground, Tamaqua.

Anyone interested in volunteering is asked to call the Schuylkill United Way office at 570-622-6421 or send emails to bjfolk@schuylkillunitedway.org, and for more information about the Schuylkill United Way visit www.schuylkillunitedway.com.

District court, May 4

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James R. Ferrier

ORWIGSBURG - Two Schuylkill County motorists will face driving under the influence charges in the county court after Magisterial District Judge James R. Ferrier handled their cases on Tuesday.

Joseph M. Difalco, 46, of 28 Hallton Hill Road, Pine Grove, had Ferrier hold the DUI charge against him for the county court after a preliminary hearing.

Meanwhile, Naretta M. Losinger, 38, of 295 Marshall Drive, Orwigsburg, waived her right to a preliminary hearing and had Ferrier bind over for the county court charges of DUI and disregarding traffic lane.

State police at Schuylkill Haven alleged that Difalco was DUI at 11:36 p.m. Feb. 28 on Route 443 at Front Street in Friedensburg, Wayne Township.

Police said they found Difalco apparently sleeping in the driver's seat of his car, a blue 2006 Ford Fusion, which had the key in the ignition and the engine on.

Difalco had a strong odor of an alcoholic beverage on his breath and slow movements, admitted drinking two beers and could not perform field sobriety tests, according to police.

Police said Difalco had a blood alcohol level of 0.103 percent; the legal limit for driving in Pennsylvania is 0.08 percent.

Difalco is free on $1,000 unsecured bail pending further court action.

In Losinger's case, Orwigsburg police charged her with DUI at 2:15 a.m. March 18 in the 100 block of South Liberty Street in the borough.

Losinger was driving her car, a silver 2006 Ford Taurus, south on South Liberty Street when she crossed a double yellow line into the northbound lane and proceeded to make a wide turn onto Ridge Road before being stopped on Marshall Drive, according to police.

Police said Losinger had bloodshot and glassy eyes, slurred speech, an odor of alcohol and a blood alcohol level of 0.18 percent.

Losinger also is free on $1,000 unsecured bail pending further court action.

Deeds, May 4

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Deeds

Branch Township - United States of America to Continental Energy Corp.; 850 Bunting St., Llewellyn; $5,110.

Cressona - Kenneth P. and Virginia L. Reber to Chris B. Fisher Sr.; 124 Pottsville St.; $50,000.

Deer Lake - Woodrow C. and Kathleen M. Moser to Jeffrey L. Merkel; 121 Maple Blvd.; $170,000.

Hegins Township - Reen Homes of Schuylkill County LLC to Jessica A. Rothermel; 9 Hunters Mountain Drive, Valley View; $27,900.

Mahanoy City - Joseph T. Hinchliffe and Angel Young to Aura I. Santiago; 222 W. Mahanoy Ave.; $3,000.

North Manheim Township - Clyde E. Riegel to Donald D. and Eileen M. Thompson; two properties; $5,000.

North Union Township - Miriam Frederick to Miriam Frederick and Stephen Frederick; property in Nuremberg; $1.

Norwegian Township - John Joseph Gogno and Debra Brophy Gogno, co-executors of the Estate of Joseph Gogno, to Nicholas J. Coulson; 106 Brier City Road; $115,000.

Orwigsburg - Shariff Bayoumy and Michelle Ferranti to Jonathan and Julia Simons; 127 N. Washington St.; $55,500.

Pine Grove - Joshua R. Hippert to Kacey J. Hippert; property at Tulpehocken and Canal streets; $1.

Pottsville - United States of America to Kodiakbranch LLC; 633-635 Harrison St.; $1,000.

South Manheim Township - Linda A. Moyer to Kristina M. Klinger and Isaac R. Schmidt; 1918 Wynonah Drive, Lake Wynonah; $169,500.

Linda A. Moyer to Kristina M. Klinger and Isaac R. Schmidt; 1917 Wynonah Drive, Lake Wynonah; $1.

Tamaqua - Nationstar Mortgage LLC to Blue Spruce Entities LLC; 212 Washington St.; $3,000.

Blue Spruce Entities LLC to Stonecrest Income & Opportunity Fund I LLC; 212 Washington St.; $6,500.

Washington Township - Helen Machuzak to Watermelon Realty LLC; .8659-acre property on Township Road 651; $60,500.

West Mahanoy Township - John R. Mesch, executor under the Last Will & Testament of Robert M. Mesch, and Joseph D. and Mary M. Varese to Ashley Brophy; 18 Lia Road; $185,000.

Richard W. Grabosky and Eileen C. Herb to Diane Reading; 236 S. Wylam St., Altamont; $80,000.

West Penn Township - Robert G. and Rebecca J. Neumoyer to Robert G. Neumoyer and Rebecca J. Neumoyer, trustees of the Robert G. Neumoyer Revocable Trust; 250.3211-acre property on Township Road 761; $1.

Melissa Miller, individually and as executrix of the Estate of Theresa A. Miller, and Richard J. Miller, individually and as administrator of the Estate of Richard H. Miller, to Melissa Miller and Richard J. Miller; 913 Penn Drive, Andreas; $1.

Curtis J. and Dorothy K. Bailey to Michael B. and Erin A. Berger; 481 Rabbit Run Road, Andreas; $40,000.

Schuylkill County marks National Day of Prayer

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Joining Christians across the nation, about 100 people gathered Thursday afternoon in Courtroom 1 of the Schuylkill County Courthouse to observe the National Day of Prayer with hands folded and voices raised to God.

"Our first president, George Washington, knelt in the snow in prayer," the Rev. William Orf, pastor of The Lighthouse Church, Orwigsburg, said during the ceremony. "We join him today."

The ceremony marked the 61st observance of the day, which was first proclaimed in 1952 in a joint resolution of Congress signed by President Harry Truman. President Ronald Reagan signed a law in 1988 permanently setting the first Thursday in May as the National Day of Prayer.

Those attending Thursday's session prayed for the county, the military, churches and almost every other aspect of life, believing that God can make every part of their lives better.

Organizers moved the event indoors in anticipation of bad weather that never came, although that dampened no one's spirits.

"The weather forecast was for rain," Orf said. "Most of us, by the blessing of God, haven't seen this room."

Devout county citizens lifted their arms and voices during the ceremony in thanking God for their country and the blessings they enjoy. They urged everyone to return to following God as a way to a better life.

"God bless you and God bless America," county Commissioner George F. Halcovage Jr. said at the end of his prayer for all government officials.

Robert White of the Lavelle Church of the Nazarene prayed for veterans and their families, especially asking that God fill the void of loneliness in their lives caused by separation.

"We thank you, we praise you, for all their time," he said. "Continue to bless and guide all the jobs in the military. Freedom is not free."

The Rev. Harold Alexander, pastor of the Church of Broken Pieces, Minersville, prayed for churches, asking God to use them to bring people to his love.

"We have to be what God enables us to be," he said. "You created the church first. We can stand ... as a light on a hill. The church is about people being better ... under the blood of Jesus Christ."

The Rev. Preston Broadhurst, pastor of Kimmels Evangelical Free Church, Orwigsburg, prayed for families, bringing his own wife and children with him to emphasize its importance.

"Family is the foundation of society. Without family, society crumbles," he said. "We thank you for marriage, for family."

He urged husbands to love their wives and stand up for their families, wives to love their husbands, parents to teach their children the ways of God and children to love and respect their parents.

"We here in Schuylkill County ... we will set the example for the rest of this world," he prayed. "Restore what is broken, You are in control. We praise you today."

Aaron Hochgertel, Lake Wynonah, prayed for his fellow young people.

"We just pray that this generation will be a blessed generation ... a generation that wants to make a difference," he said. "We stand on your scripture."

Hearing continued for man charged in killing

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SHENANDOAH - The preliminary hearing for a Mahanoy City man charged with the April 3 slaying of another man scheduled for Thursday was again continued.

Jarvin Malik Huggins, 18, of White Owl Manor, 5 White Owl Drive, Room 17, was scheduled to appear before Magisterial District Judge Anthony J. Kilker in connection with the death of Gene M. Slavinsky but the hearing was continued.

No explanation was made available for the continuance Thursday.

Huggins will now have to appear at 10 a.m. May 17 before Kilker in his Shenandoah courtroom on charges of felony criminal homicide, burglary, robbery, aggravated assault, theft by unlawful taking and criminal trespass as well as misdemeanor offenses of theft by unlawful taking and unauthorized use of automobiles.

Magisterial District Judge David A. Plachko, Port Carbon, originally scheduled a preliminary hearing for Huggins for April 16 at his arraignment two days after the slaying, but that hearing was continued until Thursday.

Plachko was on call at the time of Huggins' arrest while Kilker will oversee the preliminary hearing because the crime occurred in his jurisdiction.

Huggins was charged by state police at Frackville with the beating death of Slavinsky, 48, in his 408 W. Centre St. home.

Borough police officers found Slavinsky's body two days later in the basement with severe head injuries.

An autopsy determined Slavinsky died of blunt force head trauma and Schuylkill County Coroner Dr. David Moylan ruled the death a homicide.

Within 24 hours after the body was found, Huggins was arrested after he crawled through a window at White Owl Manor and tried to flee on foot.

While being interviewed at the state police station in Frackville, Huggins confessed to the crime, said Trooper Edward Lizewski, the investigating officer.

Huggins said that he went to the home about 9 a.m. April 3, entered through a basement access door on the front porch and proceeded to the electrical panel box where he turned the power to the home off and back on to get the man's attention.

As Slavinsky entered the basement, Huggins told police he stood under the cellar stairs, picked up the weight and waited.

Lizewski said Huggins told him Slavinsky looked in his direction and that he struck him in the head when he knew he had been seen.

The trooper said that as Slavinsky began to fall forward, Huggins said he struck him about five more times in the head and then went to the first floor of the home, where he stole the laptop, a jar of rolled coins and a Washington Redskins key rope with numerous keys.

Lizewski said Huggins also admitted that he then took Slavinsky's car, drove to White Owl Manor where he dropped off the stolen items and then returned the vehicle.

Huggins then said he took the coins to a store in Mahanoy City and that the jar was still in his room, where it was later recovered, Lizewski said.

Huggins has been held in the Schuylkill County Prison without bail since his arraignment.

Closed section of Old Mill Road getting reevaluated

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CRESSONA - North Manheim Township is taking another look at a section of Old Mill Road that has been closed for more than a decade.

However, the crumbling incline is not likely to be reopened to traffic in the foreseeable future.

"There's not a lot to be done," said Harry Eckert, supervisors chairman, during a monthly board meeting April 26.

A "road closed" sign greets travelers at a right turn just past Burger King in Cressona. Another sign then reads Mengle Street cannot be accessed from the road, which is open to local traffic only.

About half a mile of the road is open. The closed area is 1,600 feet, according to Republican-Herald archives.

There are about eight homes along the road. Those living on Old Mill Road travel it to get to their homes farther back.

Walking in the section closed to traffic, there is overgrown brush covering sections of the road and a large tree lying diagonally across the middle of the road. The faded yellow line leaves little room for two lanes in some areas of the road. A high cliff running along most of the left side of the road leaves little room for widening and the right side is mostly rock.

Despite the closure, the township contacted a representative with the Local Technical Assistance Program, a state Department of Transportation division that provides guidance to local municipalities for roadway maintenance and safety.

Erin Waters, a spokeswoman for PennDOT, Harrisburg, said Thursday a representative from LTAP was at the site with Eckert. She said it was recommended the township review property lines and speak with township solicitor Thomas Lisella. Eckert and Lisella were unavailable for comment Thursday.

Eckert said the road has been opened and closed at different times over the years.

"Years ago it was just a one-lane dirt road and we tried to widen it and pave it and at that time the traffic was just unbelievable," he said. "It took a lot of traffic away from that intersection there at Cressona. There was so much traffic the road did not hold up very well."

Further complicating matters was an owner of a nearby business who had been digging into the bank, causing it to erode, Eckert said.

Prior to the closure, Eckert said the engineer reviewed the closed section of the road and said it was "extremely unsafe."

"The edges were starting to buckle and give way," he said.

Supervisor Wayne Bowen asked at the April 26 meeting if opening the road one-way would permit the township to receive liquid fuels funds from the state. That prompted supervisor Gary Brensinger to say he didn't think that was permitted.

"I don't think you'll get liquid fuels one-way. And I'm not for opening one-way because all you do is cause a problem with accidents because some guy is going to go the other way. And I don't like that at all," he said.

Township Secretary Barbara Miller said the road has been closed fewer than 12 years. According to Republican-Herald archives, the road was closed in 2000. At the time, supervisors said safety and finances needed to bring the road to where it needed to be for use were cited as reasons for its closure, according to the archives.

"We're trying to figure out ways how we could open it. If we can maybe just make it one-way, but so far we're getting dead ends," Eckert said.

Lisella said the rock wall poses a problem and is something not easily fixed by blasting.

Brian Engleman, 34, lives at the last house near the "road closed" sign with this girlfriend, Beth Albrecht, 31.

As they stood in their driveway Wednesday, they said because the road is closed it is quiet.

"Personally, I would not want them to reopen it. It would be more traffic here. I don't think they will ever reopen it," he said, adding he traveled the road and found it to be an easy access route before it was closed.


Saint Clair to explore possibility of constructing cell tower

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SAINT CLAIR - The borough council accepted a motion Tuesday to explore a cell tower proposal from Amerisite Wireless Development.

Borough engineer Brian Baldwin of Alfred Benesch & Co., Pottsville, said on April 2 and 26, the borough was approached by Amerisite, who wants to construct a telecommunications tower on a small part of borough property. The site, immediately east and adjacent to the football field, is zoned A-1 Conservation/Low Density Residential.

The borough zoning ordinance only permits a communications tower in the I-2 Heavy Industrial District as a conditional use.

On Tuesday, Baldwin also announced that it is the engineering firm's opinion that the latest Final Land Development Plan Submission received for the Saint Clair Area Elementary/Middle School expansion project is ready for the borough council and planning commission's signature.

The proposed project will add six classrooms, two special education rooms, a music room, a large instruction room and complete renovation to its elementary/middle school, a play yard on the building's roof and 23 more on-site parking spaces, including spaces for the handicapped, which the district currently doesn't have.

The school district was previously granted conditional approval during the March council meeting, as long as all comments from the engineering firm were met.

In other business, Mayor Robert Maley announced that borough police have solved the case of the copper pipe stolen within the borough limits.

On April 19, Anthony D. Sekula, 30, of 313 Cherry St., appeared before Magisterial District Judge David A. Plachko, Port Carbon, and was charged with six counts each of burglary, criminal trespass, theft and receiving stolen property and two each of criminal mischief and loitering and prowling at nighttime.

According to police, the six burglaries occurred between midnight Jan. 1 and midnight Feb. 3 at 245 N. Front St.; 2 p.m. Jan. 20 and 2 p.m. Jan. 27 at 122-124 W. Hancock St.; midnight Feb. 1 and midnight Feb. 28 at 595 Wade Road; midnight Feb. 25 and midnight Feb. 28 at 237 N. Mill St.; midnight Feb. 28 and midnight Feb. 29 at 20 S. Second St.; and 12:10 a.m. March 2 and 5 p.m. March 5 at 47 N. Front St.

Police were also able to locate an excavator that was stolen a year ago from Woodland Terrace, Maley said.

Schuylkill County zoning hearing board hears from public on proposed cargo airport

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The Schuylkill County Zoning Hearing Board extended the deadline for its decision on a special exception for a proposed cargo airport while opening the floor to the public during Thursday's hearing.

The board will have until Aug. 10 to make a decision.

The special exception was originally applied for in 2009 by Gladstone Partners LP, Pittsburgh, with intentions of building the airport originally expressed in 2007. The proposed airport would have 13,000-foot runways and stretch across 4,500 acres in East Union and Kline townships, Schuylkill County, and Hazle Township, Luzerne County.

During Thursday's hearing, nine residents living near the proposed location of the airport voiced their concerns to the board.

Anne Marie Shelby, a resident of Hazle Township, was the first member of the public to take the stand. Shelby said she lives fewer than 2 1/2 miles from the proposed cargo airport and fewer than 200 feet from the incline of landing planes.

"Gladstone seems very concerned about making information available to the township but I don't think they made that same information available to the residents of Schuylkill County," Shelby said.

Shelby noted that many airports have been failing or looking for alternative ways to cut costs with the state of the economy.

"Is this really going to work?" Shelby said. "Is this going to be worth losing sleep at night, losing the home I am living in, devaluing my home? I have great concern and I think members of Schuylkill County have the same concern."

Leonard G. Schumack, Shenandoah, a charter member and solicitor for the Blue Knob Rod and Gun Club, East Union Township, said Gladstone has been in discussions to swap land with the club to change the direction of the landing strip for the proposed airport.

"There is absolutely no way the club is interested in swapping land," Schumack said, noting the land is breeding ground for game. "There is no way we are going to give up any of our 1,600 acres."

Living between 3 and 5 miles from the proposed airport, Marguerite Worlfel said she has been interested in the case since her background is in urban planning and real estate.

"It astounds me that someone would do something this big in this area with no demand," Worlfel said. "Especially in a very poor economy in a region that has severe economic problems."

Other concerns expressed by local residents during Thursday's board meeting included an increase in noise pollution and traffic as well as negative environmental impacts.

Tony Harris, East Union Township's chief of police, was featured as a witness in earlier hearings but spoke Thursday as a resident.

"My concern is about the way of life I've come accustomed to," Harris said. "It's quite, nice, peaceful, everyone knows their neighbors and that whole way of life is going to change."

The Schuylkill County Zoning Hearing Board meets the first Thursday of every month in Courtroom 1 of the county courthouse.

2 laid-off Saint Catherine employees sue hospital's former presidents

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Two former employees of Saint Catherine Medical Center Fountain Springs sued the bankrupt hospital's former presidents, and the sponsor of two benefit programs, on Wednesday in federal court for allegedly allowing money to be diverted from three such plans.

Maryann Shadler, Pottsville, alleged that Daniel A. Colon and Merlyn Knapp allowed the hospital to use money intended for her 401(k) plan for other purposes in violation of their duties as trustees of that plan.

"Knapp and Colon took no steps to prevent, discourage or report (the hospital's) misappropriation of funds," the lawsuit alleges.

Also, Shadler and Janet Stavinski, Frackville, sued Specialty Health LLC, Ashland, for allegedly allowing the hospital to divert money from their short-term disability and medical/dental/vision insurance benefit plans toward other unspecified uses.

They asked the court to order a complete accounting of the plans and their assets, restitution of all losses, an injunction to require the defendants to correct their improper actions and payment of costs, expenses and attorney fees.

They also asked the court to allow the lawsuit to be certified as a class-action one on behalf of all former hospital employees who participated in the plans, a total they say numbers more than 100 people.

"We think we have a good chance to get it certified as a class action," Peter Winebrake, Dresher, one of the plaintiffs' lawyers, said Thursday.

Shadler and Stavinski are two of about 150 Saint Catherine employees who lost their jobs when the Butler Township hospital filed for bankruptcy April 9.

That proceeding is pending before U.S. Bankruptcy Judge John J. Thomas, Wilkes-Barre. On April 18, Thomas ordered the case changed from a reorganization by Chapter 11, under which the hospital had filed it, to a Chapter 7 liquidation.

While lawsuits against parties that file for bankruptcy are automatically halted under federal law, Shadler and Stavinski said theirs can proceed because they did not name the hospital as a defendant or make any claim against it.

A spokeswoman for William G. Schwab, Lehighton, the trustee in the Saint Catherine bankruptcy case, said Thursday that he had not received notice of Shadler and Stavinski's lawsuit.

Winebrake said that he probably will file a claim with the bankruptcy court on behalf of the plaintiffs against the hospital

Shadler and Stavinski alleged in that lawsuit that Colon and Knapp were fiduciaries with respect to the 401(k) plan and Specialty Health was a fiduciary with respect to the disability and insurance benefit plans.

As fiduciaries, Colon, Knapp and Specialty Health owed special obligations under the federal Employee Retirement Income Security Act of 1974 to the plaintiffs and all beneficiaries of the plans to act exclusively in their interest and for their benefit, according to the lawsuit.

"Defendants breached their fiduciary duties" by improperly monitoring the plans, failing to prevent misappropriation of contributions to the plans and not telling participants in the plans of the misconduct, according to the lawsuit. "Plaintiffs and other plan participants have suffered monetary loss and other damages."

Furthermore, as fiduciaries, the defendants are personally liable for all losses suffered by participants in the plans, the lawsuit reads in part.

Concerning the status as a possible class-action lawsuit, the plaintiffs alleged that they will fairly represent the class, have claims typical of other class members and have no interests against those members.

"Questions of law and fact are common to all class members, since this action concerns the legality of defendants' common conduct, as applied to all class members," the lawsuit reads in part.

Furthermore, a class-action lawsuit is the best way to resolve the litigation, according to the lawsuit.

"The complaint speaks for itself," Michael J. O'Connor, Frackville, another of the plaintiffs' lawyers, said Thursday, "It's a basic American principle that people should be paid for an honest day's work."

College notes, May 6, 2012

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Lebanon Valley

Maria Kolonsky, a senior at Lebanon Valley College, Annville, was inducted into the college's Phi Alpha Epsilon Honor Society. Maria will graduate this month with bachelor's degrees in music education and music with concentrations in percussion performance and jazz studies. She is a recipient of the Edna and Clark Carmean Talent Award in Music and has been a dean's list scholar since her freshman year.

She recently finished a semester of student teaching in the Cornwall-Lebanon School District at the elementary and secondary levels. She is a member of the LVC Symphonic Band, wind ensemble, jazz band, college choir, percussion ensemble, The Pride of the Valley Marching Band and the Lebanon Valley College Chapter of the National Association for Music Education, where she served as vice president. She was the featured soloist with the LVC orchestra in March as one of three winners of the college's annual Concerto-Aria competition.

Outside of LVC, Maria is an active performer with the Reading Pops Orchestra and is one of the founding members of a local marimba quartet. She also serves as a substitute percussionist for the Reading Symphony Orchestra.

Locally, Maria performs with the Cressona and Pine Grove Community Bands. On the national level, she has performed in National Intercollegiate Band festivals held in Phoenix, Ariz., and Colorado Springs, Colo.

Maria is a daughter of Dr. Edward and Johanna Kolonsky, Shenandoah, and a 2008 graduate of Nativity BVM High School.

Lycoming

Laura Brennan, a biology and photography major, was one of the recipients of the M.B. Rich Endowed Prize during the honors convocation at Lycoming College, Williamsport. The award is given to students in the freshman class who attain the highest rank in scholarship and deportment.

Laura was named to the dean's list for the fall semester with a 4.0 GPA.

A 2011 graduate of Tri-Valley High School, Laura is a daughter of Jeff and Chris Brennan, Barry Township.

Temple

Sierra Gladfelter, a New Ringgold native and senior anthropology major at Temple University, Philadelphia, presented her research at the fifth annual Temple Undergraduate Re-search Day in Harrisburg on March 26.

Her study, "BEYOND BOUNDARIES: Geotourism as a Bridge between Yosemite National Park and Its Gateway Communities," explored geotourism, a concept that describes a form of tourism that sustains or enhances the geographical character of a place, through the relationship between Yosemite National Park and the communities just outside its gates.

During Undergraduate Research Day, undergraduate students from across Pennsylvania presented a wide variety of innovative, Temple-funded research projects to members of the General Assembly, legislative staff and visitors in the East Rotunda of Pennsylvania's State Capitol building in Harrisburg. Sierra was one of 11 Temple students chosen to present this year.

Eastern Kentucky

Rebecca Lynn Cunningham has accepted membership in the Golden Key International Honor Society at Eastern Kentucky University, Richmond, Ky. She was also recently recognized for outstanding academic achievement by Phi Kappa Pi National Honor Society, and is a member of Alpha Lambda Delta Honor Society.

Rebecca is enrolled in the health science pre-med program and has been recognized for maintaining a 4.0 GPA and has remained on the dean's list. A 2006 graduate of Nativity BVM High School, she is a daughter of James and Constance Cunningham, Pine Grove, and a granddaughter of Louise Overkott, Ashland.

Lock Haven

Abby M. Skripko and Amy S. Skripko each received the Dr. Victoria Romeo Memorial Physician Assistant Scholarship and the Health Science Faculty Scholarship at Lock Haven University's annual Gerald R. Robinson Academic Honors and Foundation Awards Convocation on April 15.

They are twin daughters of Michael and Susan Skripko, Pine Grove, and granddaughters of Reba Strubhar, Pine Grove, and Florence Skripko, New Philadelphia.

Abby and Amy are 2009 graduates of Pine Grove Area High School.

Susquehanna

Elizabeth Tropp, Pottsville, has been elected to The Crusader student newspaper editorial board at Susquehanna University, Selinsgrove. She will serve as managing editor of content for the 2012-13 academic year.

Elizabeth is a rising senior majoring in communications with an emphasis in journalism. She is a 2009 graduate of Nativity BVM High School and the daughter of John and Jodi Tropp.

Destiny Arturet, Pottsville, was identified as the 2012 Outstanding Senior Woman at Susquehanna University. She was acknowledged by Susquehanna's alumni association.

Each year, the alumni association selects two well-rounded seniors, one man and one woman, who "most typify the ideals of Susquehanna University." The selection committee, which consists of faculty and staff from student life, athletics, admissions, the chaplain's office, the registrar's office and the academic deans, nominates students based on academic performance, activities, volunteer work and other accomplishments.

After reviewing the nominations and candidates, the committee votes on the winners. The winners will receive medallions prior to commencement, and are invited to be alumni speakers at freshman convocation next fall.

Destiny was also one of 13 Susquehanna University students inducted into the Pi Sigma Alpha political science honor society. She will graduate this month with bachelor's degrees in international studies, diplomacy and philosophy with a minor in the honors program.

She is a 2008 graduate of Pottsville Area High School and a daughter of Antonio and Connie Arturet.

Dean's List, May 6, 2012

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Bloomsburg

Mary Jo Marks, Schuylkill Haven, a sophomore psychology major at Bloomsburg University, was named to the dean's list for the fall semester.

She is a daughter of Michael and Charlotte Collins, Schuylkill Haven, and a 2010 graduate of Schuylkill Haven Area High School.

Alexandra A. Raring, a senior majoring in speech-language pathology and audiology, was named to the dean's list with a 3.86 GPA at Bloomsburg University for the fall semester.

Alexandra is a daughter of Carl and Rosie Raring, Pottsville, and a granddaughter of Rose Garbetti. She is a 2008 graduate of Pottsville Area High School.

West Chester

Joshua Williams, a senior majoring in health and physical education, attained a 4.0 for the fall semester at West Chester University.

Joshua is a son of John and Beth Williams, Pottsville, and a grandson of Len and Carol Ludinsky, Mahanoy City, and the late Ted and Rita Williams, formerly of Shenandoah.

Drexel

Ryan Fucci, a fourth-year engineering student at Drexel University, Philadelphia, was named to the dean's list for the fall and winter terms.

A 2008 graduate of North Schuylkill High School, he is a son of Paul and Elaine Fucci, Gordon.

Military, May 6, 2012

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Sailor deployed

Navy Petty Officer 3rd Class Courtney L. Shadle, daughter of Misti L. Riva, Charleroi, and Troy D. Shadle, Schuylkill Haven, is currently deployed.

Shadle, along with fellow sailors and Marines aboard the aircraft carrier USS Enterprise (CVN 65) and Carrier Strike Group conducted training and promoted the Sexual Assault Awareness Month campaign throughout April.

Enterprise sailors focused on the awareness and prevention of sexual assault in support of the overall Department of Defense theme, "Hurts One, Affects All." The SAAM initiative is to ensure each and every sailor and Marine aboard the Enterprise completely understands that the prevention of sexual assault is an all-hands effort.

Neighbors in the News, May 6, 2012

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PSU alum lauded

Thomas K. Fidler, a 1968 graduate of Blue Mountain High School, was recently honored as one of five Penn State School of Forest Resources Outstanding Alumni at the School of Forest Resources' annual banquet on April 20.

Fidler earned a bachelor's degree in forest science in 1972 and a master's degree in forest resources in 1974. He spent 35 years working with the Pennsylvania Department of Environmental Protection, where he contributed to the establishment of policies, regulations and laws for legislative consideration in the areas of land and water management. He completed the last several years of his career as a DEP deputy secretary, overseeing the commonwealth's waste management, air quality and radiation protection programs.

Fidler directed the nationally recognized, award-winning Land Recycling Program for 10 years. He led the efforts of the commonwealth's Brownfields Action Team in facilitating the remediation and permitting redevelopment of abandoned industrial and mined properties.

He worked as a planner in the commonwealth's coastal land and water resources management program, developed a water conservation program and directed its implementation and assisted in the development of the State Water Plan and policies guiding water withdrawals.

Fidler conducted studies, developed reports and fostered legislative support for the designation of Pine Creek in northcentral Pennsylvania as a state Scenic River and Stony Creek in southcental Pennsylvania as a State Wild River. He was a member of the team charged with the major reorganization of the Department of Environmental Resources in 1990.

Fidler has received numerous awards for performance excellence from DEP and the federal Environmental Protection Agency. He is an honorably discharged officer from the Army Corps of Engineers.

In addition to statewide service, he has served on the environmental advisory council and zoning hearing board of West Hanover Township, Dauphin County., and is active in his church, having served on the leadership committee and trustee board.

Fidler continues to enjoy time outdoors in retirement and cultivates and sells Christmas trees from his farm near Harrisburg. He is a life member of the Harrisburg Hunters and Anglers Association, and whenever he can, hunts elk in the West and deer on his farm with his bow. He and his wife, Lauree, have three children and two grandchildren and reside just east of Harrisburg.

He is a son of Mr. and Mrs. George Fidler, Auburn.


School notes, May 6, 2012

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Marian

Marian High School juniors John Julian, son of Joseph and Beth Julian, Nesquehoning and Ryan Karnish, son of Gary and Chris Karnish, Nes-quehoning, were chosen to participate in the American Chemical Society exam for first- and second-year high school chemistry students.

The ex-am, open to all high school students, was given statewide March 31. Ryan was a first-year exam runner-up.

ACS Local Sections administer exams and choose nominees for the national competition, which then involves a three-part exam administered to about 1,000 students. The 20 top-scoring students are chosen from the national competition to attend a two-week study camp to advance to the International Chemistry Olympiad.

Four students are chosen to represent the United States at the Olympiad based on performance. Nations around the world send a team of four secondary students to test their chemistry knowledge and skills in a five-hour laboratory practical and five-hour written theoretical examination.

Tamaqua Area

Erin Raymond, a senior at Tamaqua Area High School, recently re-ceived the 2012 Schuyl-kill County Choral Directors Vocal Scholarship.

The a-ward, presented at the annual Schuylkill County Choral Festival Concert that was held in February at Minersville High School, is given annually to an outstanding senior vocalist from Schuylkill County who will be pursuing a career in music education.

Erin is a member of the Tri-M Music National Honor Society at Tamaqua, where she is a member of the jazz and concert chorale and concert choir. She has been selected as a four-year member of the Schuylkill County Chorus Festival, where she has participated as both a vocalist and an accompanist.

Erin is a daughter of Gene and Ruth Raymond, Andreas.

Blue Mountain

Emily Dabashinsky, daughter of John and Donna Dabashinsky, Schuylkill Haven, and a Blue Mountain High School senior, is a winner of a scholarship presented by Materion Brush Performance Alloys, Shoemakersville, Berks County.

Emily's father, John, has been employed with Materion for 28 years and is a crew leader/utility mill hand.

Emily, who plans to attend Temple University, Philadelphia, will receive a $3,000 scholarship during the first year of college and will be eligible to apply for renewal of the scholarship award for three additional years.

MMI Prep

Roger C. Knittle, a sophomore at MMI Preparatory School, Freeland, completed the Leadership Challenge Weekend (Youth Leadership Conference) at Norwich University, Northfield, Vt. on March 30 and April 1.

To attend, participants must have a 2.5 GPA or above and write a 500-word essay titled, "The Bill of Rights and My Responsibilities."

He is a son of Roger and Sherry Knittle, Ringtown.

North Schuylkill

Sarah Barket, a sophomore at North Schuylkill High School, has been selected to join 245 leaders representing high schools from throughout central and northeast Pennsylvania at the Central Pennsylvania Hugh O'Brian Youth Leadership Seminar. It will take place May 17 through 20 at Millersville University.

She is a daughter of Mark and Ann Marie Barket, Ashland.

PAHS, TAHS

Members of the Pottsville Area High School Marching Band and Tamaqua Area High School "Blue Raider Marching Band became stars of their own Disney shows when they traveled from Schuylkill County to Magic Kingdom at Walt Disney World, Orlando, Fla., to participated in a Disney Performing Arts Program.

The Tamaqua band performed Feb. 16 and Pottsville's musicians performed March 1.

Dance groups, choirs, ensembles and marching bands from around the world apply to perform each year as part of Disney Performing Arts at both the Disneyland and the Walt Disney World Resorts. Once elected, they are given the opportunity to perform at the resort for an international audience of theme park guests.

Millions of performers have graced the stages of the Disney Parks in the more than 25-year history of the program.

Students of the month, May 6, 2012

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Shen Valley

The following students were named students of the month for February at Shenandoah Valley Elementary School:

Kindergarten-1 - Ryan Fowler; K-2 - Noah Borella-Guzman; K-3 - Courntey Zebraitis; K-4 - Tanner Golba; Grade 1-1 - Jocelyn Adorno; 1-2 - Vanessa Coyle; 1-3 - Zarenth Anastacio; 1-4 - Jesus Meza; Grade 2-1 - Tyler Waiksnoris; 2-2 - Jaime Salmeron-Gonzalez; 2-3 - Nathalie Nunez; 2-4 - Joseph Vevasis; Grade 3-1 - Asia Crawley; 3-2 - Sierra Howard; 3-3 - Kaitlyn Carduff; 3-4 - Destiny Velazquez; Grade 4-1 - Madeline Lozano; 4-2 - Danilyn Migliaccio and Jocelyn Hysock; 4-3 - Paige Konnick and Katlin Reese; Grade 5-1 - Dominique Kowalick; 5-2 - Kathy Selbi and Leonardo Carrasco; 5-3 - Sean James; Grade 6-1 - Corbin Kessler; 6-2 - Tamika Knapp and Chris Rich; 6-3 - Justin Tietsworth; Life Skills - Anjelina Dillman.

The following were named students of the month for March at Shenandoah Valley Elementary School:

Kindergarten-1 - Phoebe Stevens; K-2 - Brad Monjaraz; K-3 - Diego Briones; K-4 - Ava Peters; Grade 1-1 - James Kaminsky; 1-2 - Alberto Rubio; 1-3 - Landyn Hossler and Gavin Huggins; 1-4 - Jason Morales; Grade 2-1 - Gena Coolbaugh; 2-2 - Maria Ramirez; 2-3 - Grace Weinreich; 2-4 - Joanna Gonzalez; Grade 3-1 - Kira Getz; 3-2 - Christian Salazar; 3-3 - Edward Needham; 3-4 - Tyler Livergood; Grade 4-1 - Jonathon Macario; 4-2 - Alishza Forker and Gwen Joseph; 4-3 - Rachael Roguski and Dalton Tito; Grade 5-2 - Kendra Vadiz and Patricia Moncrief; 5-3 - Briana Kenton, Brittany Kenton and Alex Martin; Grade 6-1 - Katarina Quick and Cody Wallace; 6-2 - Stanley Savakinas; 6-3 - Riley Guers; Life Skills - Nasir Williams.

Arraignments, May 5

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A 22-year-old Shenandoah woman charged with assaulting and abusing her 11 1/2-month-old son in February is among those scheduled to plead not guilty Monday during arraignment in Schuylkill County Court.

Patricia J. Carter of 315 W. Arlington St. was arrested by Shenandoah police Patrolman Christopher Zubris and charged with aggravated assault, endangering the welfare of a child, terroristic threats, simple assault and recklessly endangering another person.

Zubris charged Carter after an investigation into an incident at her home on Feb. 6 after seeing a cellphone video that allegedly showed the woman assaulting her son, Alexander Merva, in their home.

During the eight-minute video, Zubris said, Carter could be heard calling the child names. He said the video also shows Carter grabbing an object from the child and yelling profanities, shoving the child and then taking off the child's shirt, wrapping it around his face and pulling it tight while saying, "I guess you can still breathe, you are moving." Carter then picked up the child and began to violently shake him, Zubris said, adding that the child was unable to control his head and neck while being shaken.

Others scheduled to plead not guilty, and the charges against them, include:

Curt T. DeLong, 30, of 528 Rolling Mill Ave., Tamaqua - theft by deception and receiving stolen property.

Jacqueline S. Firestine, 37, of 2002 E. Centre St., Tremont - forgery, theft and access device fraud.

Marcos Miranda, 60, of 533 E. Market St., Mahanoy City - DUI, DUI-high rate, reckless driving and accidents involving damage to property.

John L. Lacy, 37, of 2644 Melanie Manor, Ringtown - DUI, DUI-high rate, operating a vehicle without an inspection certificate, restrictions on alcoholic beverages and prohibitions in standing or parking a vehicle.

Marcus A. Vought, 26, of 36 W. Broadway, Apt. 2, Tamaqua - possession of drug paraphernalia.

Melanie D. Delowery, 23, of 331 E. Pine St., Mahanoy City - resisting arrest, disorderly conduct and public drunkenness.

Brian W. Neidlinger, 32, of 1820 Centre St., Ashland - conspiracy, theft, receiving stolen property and recklessly endangering another person.

Robert L. Kiefer, 55, of 228 Brandonville Road, Ringtown - DUI, DUI-highest rate and failure to drive on roadways laned for traffic.

Eric D. Pennington, 39, of 4 E. Upper Railroad St., Girardville - possessing instruments of crime, criminal mischief and resisting arrest.

Belinda S. Cooper, 44, of 212 Walnut St., Pottsville - DUI.

Joan M. Engle, 24, of 1820 Centre St., Ashland - conspiracy, theft, receiving stolen property and recklessly endangering another person.

Stanley J. Padakowsky, 36, of 27 S. Line St., Girardville - possessing instruments of crime and criminal mischief.

Orwin Gun Club, Orwin - unlawful acts related to alcohol and Liquor Code violations.

Dean L. Dubois, 32, of 127 Main St., Joliett - simple assault and harassment.

Robert C. Perrin, 47, of 235 First St., Coaldale - simple assault and harassment.

Paula A. Blasko, 50, of 47 E. Phillips St., Coaldale - DUI, DUI-high rate and violation of general lighting requirements.

John D. Conahan, 32, of 22 E. Union St., Tamaqua - simple assault and harassment.

Nichole L. Horack, 22, of 261 W. Rowe St., Tamaqua - DUI-high rate, driving under the influence of drugs, DUI-controlled substance and careless driving.

Damon Cluff, 19, of 245 Cedar St., Tamaqua - recklessly endangering another person and disorderly conduct.

Hubert W. Budd, 18, of 431 Glenwood Ave., Tamaqua - possession of drug paraphernalia.

Cody Lee Harris, 20, of 125 W. Biddle St., Box 116, Gordon - driving under the influence of drugs and careless driving.

Jane Ann Barrett, 51, of 121 S. William St., Girardville - DUI, DUI-high rate and failure to drive on roadways laned for traffic.

Shawn D. Hendricks, 41, of 105 Birds Hill Road, Pine Grove - forgery and theft.

Raymond Jeronis, 59, of 233 Brown St., Tamaqua - DUI, DUI-highest rate and accidents involving damage to unattended vehicles or property.

Todd Schaeffer, 44, of 43 S. Tulpehocken St., Pine Grove - aggravated assault, burglary, terroristic threats, simple assault and disorderly conduct.

James A. Johnson, 42, of 24 Dutchtown Road, Ashland - burglary, criminal trespass, theft from a motor vehicle, loitering and prowling at night, driving under the influence of drugs and careless driving.

John F. Yagielinskie, 27, of 2 S. Balliet St., Frackville - terroristic threats, unauthorized use of automobiles, resisting arrest and harassment.

Jonathan T. Harris, 22, of 665 Airport Road, Box 171, Gordon - driving under the influence of drugs, possession of a controlled substance and possession of drug paraphernalia.

Bradley A. Moran, 25, of 25 Ridge Road, Ringtown - DUI and driving on divided highways violation.

John J. Petusky, 44, of 147 N. Fourth St., Frackville - DUI, failure to drive on roadways laned for traffic and careless driving.

Joy E. Cooney, 26, of 839 E. Pine St., Mahanoy City - bad checks.

Jamie A. Ludwig, 30, of 1025 Brock St., Ashland - driving under the influence of drugs, endangering the welfare of children, recklessly endangering another person, driving at an unsafe speed and restraint system violations.

Jessica G. Burd, 36, of 933 Walnut St., Ashland - theft and receiving stolen property.

Tiffany Martin, 31, of 526 W. Oak St., 1st Floor, Frackville - violation of Public Welfare Code.

Nikki A. Dohner, 34, of 211 Parkway, Schuylkill Haven - DUI, DUI-highest rate, depositing waste on a highway and careless driving.

Jacob A. Schopfer, 18, of 1305 E. Pine St., Mahanoy City - simple assault, recklessly endangering another person and harassment.

Donna F. Lehman, 43, of 1201 Pottsville St., Pottsville - receiving stolen property.

Nicholas A. McCabe, 22, of 10 N. West St., Shenandoah - resisting arrest, theft and receiving stolen property.

Amber Bynon, 31, of 218 Pine St., Port Carbon - DUI, DUI-high rate, careless driving and driving on the wrong side of the road.

Janel Tokarick, 48, no age or address available - theft, receiving stolen property and disorderly conduct.

Joshua R. Ptaszkowski, 22, of Schuylkill County Prison, Pottsville - illegal possession or use of firearms, possession with intent to deliver a controlled substance, possession of a controlled substance and possession of a small amount of marijuana.

Richard A. Bates, 26, of 206 S. Ferguson St., Shenandoah - theft, receiving stolen property, fleeing or attempting to elude police and driving while operating privileges are suspended or revoked.

Tykeen S. Brown, 20, of 12 N. 11th St., Pottsville - possession of a small amount of marijuana.

Emery A. Ochs, no age available, of 490 Peacock St., Pottsville - possession of drug paraphernalia.

Tracey Lynn Yenilaitus, 25, of 325 Cherry St., Minersville - DUI, DUI-high rate, driving at an unsafe speed and stop and yield sign violations.

Francis R. Cardinal Sr., 57, of 224 N. Second St., Apt. 1A, Pottsville - DUI DUI-highest rate and limitations on backing.

Lynn J. Kimber, 25, of 714 Mahantongo St., No. 3, Pottsville - possession of drug paraphernalia.

John W. Welfel, 20, of 240 E. Broad St., Apt. 2, Tamaqua - conspiracy and disorderly conduct.

Mychal Beltrami, 27, of 105 Walnut St., Tuscarora - DUI, driving while operating privileges are suspended or revoked, careless driving, disorderly conduct, restrictions on alcoholic beverages, possession of a controlled substance, possession of drug paraphernalia and public drunkenness.

Kevin M. Hook, 27, of 10 Chestnut St., Cressona - theft and receiving stolen property.

Stephen J. Smith, 28, of 37 King Fisher Drive, Ashland - DUI, DUI-highest rate, driving under the influence of drugs, failure to drive on roadways laned for traffic and driving at an unsafe speed.

Deborah A. Lengle, 56, of 28 E. Pottsville St., Pine Grove - retail theft and receiving stolen property.

Shawna F. Lenker, 18, of 127 W. Columbia St., Schuylkill Haven - theft and receiving stolen property.

Cassidy R. Long, 28, of 503 N. Centre St., Pottsville - aggravated assault on police, simple assault, endangering the welfare of a child, simple assault, recklessly endangering another person, disorderly conduct, harassment and resisting arrest.

Stephen A. Mackeravage, 40, of 317 E. Lloyd St., Shenandoah - burglary, criminal trespass, loitering and prowling at night and public drunkenness.

Philip L. Rumbel, 60, of 163 W. Main St., Ringtown - DUI, driving while operating privileges are suspended or revoked and failure to use seat belts.

Suzanne C. Hibbler, 40, of Box 96, Pottsville - DUI, DUI-highest rate, driving under the influence of drugs and careless driving.

Jason J. Rose, 35, of 453 North St., Minersville - simple assault and endangering the welfare of a child.

James D. Mickshaw, 38, of 806 N. 16th St., Pottsville - DUI, DUI-highest rate, failure to drive on roadways laned for traffic, turning movements and required signals violation and careless driving.

Michael T. Kane, 27, of 545 E. Norwegian St., Pottsville - statutory sexual assault and corruption of minors.

Jaxson R. Detweiler, 18, of 9 Stanton St., Schuylkill Haven - possession of a controlled substance.

Elan K. Golden-Alexis, 25, of 83 Old Country Lane, New Ringgold - DUI, DUI-highest rate, driving at an unsafe speed and failure to drive on roadways laned for traffic.

Rhonda M. Thomas, 34, of 3 Game Club Road, Apt./Suite 4, Pottsville - simple assault, harassment and defiant trespass.

Broc J. Himmelberger, 25, of 236 Frieden Manor, Schuylkill Haven - DUI, DUI-highest rate, failure to obey traffic control signals, failure to drive on roadways laned for traffic and careless driving.

Dorothy Ann Morgan, 45, of 3 Game Club Road, Apt./Suite 4, Pottsville - simple assault, harassment and defiant trespass.

David J. Rich, 49, of 532 W. South St., Mahanoy City - criminal trespass, terroristic threats and recklessly endangering another person.

James R. Schaal, 21, of 232 Coal St., Port Carbon - fleeing or attempting to elude police, reckless driving, careless driving and driving at an unsafe speed.

Ashley N. Renninger, 26, of 1017 Laurel Blvd., Apt. C, Pottsville - possession of drug paraphernalia.

Heather M. Watts, 32, of 1642 W. Norwegian St., Pottsville - endangering the welfare of a child and corruption of minors.

Peter G. Donnelly, 21, of 702 Schuylkill Ave., Pottsville - delivery of a counterfeit substance, possession with intent to deliver a counterfeit substance and criminal use of a communications facility.

Crystal Lee Duffus, 31, of 324 W. Norwegian St., Pottsville - endangering the welfare of a child.

Douglas D. Webber, 40, of 480 Marshall Drive, Orwigsburg - simple assault and harassment.

Andrew J. Toczek, 26, of 1018 Ridge View Drive, Orwigsburg - DUI-highest rate and failure to drive on roadways laned for traffic.

Steven T. Rhoades, 22, of 17 Pleasant Road, Schuylkill Haven - retail theft.

Darryl G. Wingard, 44, of 7 Donna Circle, Pottsville - DUI, DUI-high rate, failure to drive on roadways laned for traffic and driving at an unsafe speed.

Kyle A. Corinchock, 25, of 205 E. Market St., Floor 2, Orwigsburg - DUI-highest rate and failure to drive on roadways laned for traffic.

Browyn Ann George, 37, of 623 N. Warren St., Orwigsburg - terroristic threats and harassment.

Jarred A. Kleckner, 25, of 445 W. Market St., Orwigsburg - DUI, DUI-highest rate, driving an unregistered vehicle, failure to drive on roadways laned for traffic, driving at an unsafe speed, careless driving and failure to use seat belts.

Brent A. Evans, 40, of 26 Hickory Court, Orwigsburg - resisting arrest and harassment.

Eli E. Long, 20, of 935 Fountain St., Ashland - disorderly conduct.

Jeremiah J. Ruscavage, 31, of 500 E. Norwegian St., Pottsville - theft and receiving stolen property.

Gwenn F. Bennett, 33, of 38 E. Bacon St., Pottsville - bad checks.

Sarah E. Harring, 24, of 65 Clay St., Tremont - retail theft.

Joseph R. Holland, 30, of 101 N. George St., Apt. 2, Pottsville - forgery, receiving stolen property and conspiracy.

Thomas M. Drum, 38, of 38A Hunter St., Tamaqua - access device fraud, theft and receiving stolen property.

Michael C. Pavelko, 54, of 436 Dowdentown Road, Pottsville - DUI, DUI-highest rate and stop and yield sign violations.

Charles J. Bressler, 21, of 315 Valley St., Port Carbon - delivery of a controlled substance and possession of a controlled substance.

Jason Skripko, 27, of 1542 Mahantongo St., Pottsville - burglary, conspiracy and simple trespass.

Justin M. Marx, 19, of 141 Coal St., Cumbola - burglary, criminal trespass, theft, receiving stolen property and driving while operating privileges are suspended or revoked.

Michael A. Putalavage, 23, of 249 Linden St., Minersville - delivery of a controlled substance, possession of a controlled substance and criminal use of a communications facility.

Edward J. Sincavage, 39, of 111 N. 3rd St., Pottsville - simple assault and harassment.

Jeonnee E. Hernandez, 29, Kings Village Shopping Center, Palermo Pizza Restaurant, Minersville - simple assault and harassment.

James M. Bosefski, 34, of 8 Wiggan St., New Philadelphia - conspiracy, theft and simple trespass.

Brian T. Updegrove, 47, of 305 Market Square, Pottsville - delivery of a controlled substance, possession of a controlled substance and criminal use of a communications facility.

Edwin M. Pauly, 49, of 553 Bunting St., Apt. 2, Pottsville - driving under the influence of drugs, accidents involving damage to attended vehicles or property, failure to give information or render aid, failure to drive on roadways laned for traffic, driving on a sidewalk and careless driving.

Steve Miller, 55, of 31B Greenhouse Lane, New Ringgold - accidents involving damage to attended vehicles or property, failure to be licensed and careless driving.

Scott T. Steffy, 46, of 442 Willing St., Box 487, Tamaqua - theft by deception and deceptive business practices.

James L. Ulrich, 43, of Box 82, Hecla Road, New Ringgold - DUI, driving an unregistered vehicle, unauthorized transfer or use of registration, failure to be licensed, driving without insurance, failure to drive on roadways laned for traffic, accidents involving damage to unattended vehicle or property, failure to give immediate notice of accident to police and driving a vehicle without an inspection certificate.

Damon J. Ziegler, 25, of 321 W. Centre St., Shenandoah - conspiracy, burglary, criminal trespass, theft, receiving stolen property, loitering and prowling at night and possession of drug paraphernalia.

Michael Sell, 34, of 522 W. Arlington St., Shenandoah - conspiracy, burglary, criminal trespass and criminal attempt to commit theft.

Mark A. Tutko, 54, of 315 W. Washington St., Shenandoah - criminal trespass, criminal mischief and loitering and prowling at night.

Andrew Lee Wyre, 26, of 100 E. Centre St., Apt. 5, Shenandoah - burglary, criminal trespass, possessing instruments of crime, theft, receiving stolen property and criminal mischief.

Dennis O. Tomlin, 56, of 285 Lofty Road, McAdoo - DUI and DUI-highest rate.

Daniel P. Peletsky, 30, of 421 Glenwood Ave., Tamaqua - simple assault, harassment and disorderly conduct.

Kerry S. Fulmer, 41, of 402 Pine St., Apt. 2, Tamaqua - defiant trespass and public drunkenness.

Births, May 5

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Schuylkill Medical Center-South Jackson Street

To Mark Wolfgang and Gina Denning, Schuylkill Haven, a daughter, March 11.

To Christopher and Allison Breslin Misstishin, Pottsville, a daughter, March 26.

To Paul and Katrina Scheibelhut Wetzel, Ringtown, a daughter, March 29.

To Jared and Melissa Nolter Barnes, Pottsville, a son, April 16.

Judges uphold drug conviction, state prison term

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A three-judge state Superior Court panel has upheld the conviction and state prison sentence of a Berks County man who possessed 13 packets of cocaine in March 2007 in Pottsville.

In an eight-page opinion filed Friday in Pottsville, the panel ruled that prosecutors presented sufficient evidence to support the conviction of Angel L. Gomez, 38, of Reading.

"The Commonwealth proved beyond a reasonable doubt that Gomez not only had possession of cocaine ... but that he intended to distribute it," Judge Anne E. Lazarus wrote in the opinion.

As a result, not only does Gomez's conviction stand, but also his prison sentence of 27 to 120 months in a state correctional institution, which Judge John E. Domalakes imposed on July 17, 2008. Gomez currently is on parole.

After a two-day trial presided over by Domalakes, a jury of seven men and five women deliberated a little more than an hour before convicting Gomez on June 5, 2008, of possession with intent to distribute a controlled substance and possession of a controlled substance.

Pottsville police had charged Gomez with possessing 13 packets of cocaine, containing a total of 2.4 grams of the drug, on March 13, 2007, in a Second Street residence in the city. Police said they found the packets in a closet in a room occupied by only Gomez.

Lazarus wrote that the fact that Gomez did not have the drugs on his person does not affect the sufficiency of the evidence against him.

"Under Pennsylvania law, a person need not have actual possession of a controlled substance to be convicted of possession or possession with intent to deliver," she wrote. "Rather, the Commonwealth need only prove constructive possession, or 'the power to control the contraband and the intent to exercise that control,' under the totality of the circumstances."

Prosecutors proved that, according to Lazarus.

Furthermore, the jury found prosecution witnesses, and not Gomez, credible, and the appellate court will not overturn that determination, according to Lazarus.

"It was the function of the jury, as the finder of fact, to evaluate the testimony of the witnesses and determine the weight that evidence should be given," Lazarus wrote.

Of the other panel members, Judge David N. Wecht agreed with Lazarus' opinion, while President Judge Correale F. Stevens concurred in the result but not the opinion. Defendant: Angel L. Gomez

Age: 38

Residence: Reading

Crimes committed: Possession with intent to deliver a controlled substance and possession of a controlled substance

Prison sentence: 27 to 120 months in a state correctional institution

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